Supreme Court of Florida
SC14-1266 & SC14-1305 Lewis Brooke Bartram v. U.S. Bank National Association
March 16, 2017
Summary
The Court held that a dismissed foreclosure action does not prevent a later foreclosure action based on payment defaults occurring after the dismissal, provided the later default occurred within the five-year limitations period. An involuntary dismissal revokes any prior acceleration and restores the parties to their pre-foreclosure contractual relationship, particularly where the mortgage contains a reinstatement provision. The Court therefore approved the district court's decision and answered the certified question in the negative.